REAL ESTATE LEASE
This Lease Agreement (this "Lease") is made effective as of October 1, 2003, by and between
Kevin L. Wellmann,
("Landlord"), and
Brent Anderson and Karen Chilstrom,
("Tenant"). The parties agree as follows:
PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant The House (the "Premises") located at 1150 County Road 101 N, Plymouth, Minnesota 55447.
PARKING. Tenant shall be entitled to use all parking space(s) for the parking of the Tenant's customers'/guests' motor vehicle(s).
STORAGE. Tenant shall be entitled to store items of personal property in anywhere within the premises of 1150 County Road 101 N during the term of this Lease. Landlord shall not be liable for loss of, or damage to, such stored items.
TERM. The lease term will begin on October 1, 2003 and will terminate on September 30, 2004.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of $1,550.00 per month, payable in advance on the 1st day of each month, for a total annual lease payment of $18,600.00. Lease payments shall be made to the Landlord at 15605 49th Ave N, Plymouth, Minnesota 55446, which may be changed from time to time by Landlord.
LATE PAYMENTS. Tenant shall pay a late fee equal to $25.00 per day, beginning with the day after the due date for each payment that is not paid within 1 day after the due date for such late payment.
SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $1,000.00 to be held and disbursed for Tenant damages to the Premises (if any) as provided by law. An additional $550.00 will be paid and held at the initiation of the term of this lease.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing.
USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.
KEYS. The Tenant will be given 3 key(s) to the Premises. If all keys are not returned to the Landlord at the end of the Lease, the Tenant shall be charged $20.00.
MAINTENANCE.
Landlord's obligations for maintenance shall include:
- the roof, outside walls, and other structural parts of the building
- the sewer, water pipes, and other matters related to plumbing
- the electrical wiring
- the air conditioning system
- the heating system
Tenant's obligations for maintenance shall include:
- the parking lot, driveways, and sidewalks, including snow and ice removal, cutting the grass, and weed control.
- report any possible problems, maintenance wise that are occurring or may be developing
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgages, tenants or workers. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent.
UTILITIES AND SERVICES.
Tenant shall be responsible for all utilities and services in connection with the Premises.
PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Premises in an amount equal to 100% of the full replacement value. Lanlord shall be named as an insured in such policies. Tenant shall deliver appropriate evidence to Lanlord within ten days of the first day of the lease as proof that adequate insurance is in force. Lanlord shall have the right to require that the Lanlord receive notice of any termination of such insurance policies. Tenant shall also maintain any other insurance which Lanlord may reasonably require for the protection of Lanlord's interest in the Premises.
DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed in a manner that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $1,500.00, Landlord shall repair the Premises and lease payments shall abate during the period of the repair. However, if the damage is not repairable within sixty days, or if the cost of repair is $1,500.00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party. If the Premises are damaged or destroyed and such damage or destruction has not been caused by Tenant, Tenant shall have such rights to vacate as may be provided by law.
DEFAULTS. Tenant shall be in default of this Lease, if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 20 days (or any other obligation within 20 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent".
HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord.
SMOKEING. Is not permitted.
PETS. No pets shall be allowed on the Premises.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows:
LANDLORD:
Name: Kevin L. Wellmann
Address: 15605 49th Ave North
Plymouth, MN 55446
651-269-4218
TENANT:
Name: Brent Anderson and Karen Chilstrom
Address: 10707 10th St
Plymouth, MN 55446
612-290-6377 612-599-0237
Such addresses may be changed from time to time by either party by providing notice as set forth above.
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Minnesota.
ADDITIONAL PROVISIONS. If the Tenant breaks the lease there will be a penalty rent fee of $1550 per month of half of the months remaining to break the lease. A one and a half month notice must be sent in writing to Landlord’s address. If Tenant wants to continue the lease after the duration listed herein, the terms of this agreement will continue as stated.
LANDLORD:
Kevin L. Wellmann
______
Kevin L. Wellmann
Owner
TENANT:
Brent Anderson and Karen Chilstrom
______
Brent Anderson and Karen Chilstrom
Date ______
Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:
SATISFACTORY COMMENTS
Carpeting ______
Walls ______
Window coverings ______
Stove ______
Refrigerator ______
Dishwasher ______
Disposal ______
Screens ______
Windows ______
Bathrooms ______
Closets ______
Ceilings ______
Doors ______
Locks ______
Lights ______
Washer ______
Dryer ______
______
Date
TENANT:
______
Brent Anderson and Karen Chilstrom